Absent leave granted by the Court upon a motion showing
compelling circumstances supporting leave to withdraw, an attorney of record is
not permitted to withdraw within twenty-one (21) days of trial or a hearing on any
motion for judgment or dismissal. At any other time, an attorney of record may
withdraw from a case only under the following circumstances:
(a) By Motion. The attorney files a motion, certifies the motion was served on
the client, makes a showing of good cause, and the Court consents to the
withdrawal on whatever terms the Court chooses to impose. If the
withdrawal will leave the client unrepresented, the motion must include the
client’s current email address, mailing address, and telephone number
(b) By Notice of Withdrawal. An attorney of record may withdraw from a case
by filing a notice of withdrawal stating that the client has been notified of
the withdrawal, if:
(1) multiple attorneys are attorneys of record for the client; and
(2) at least one of those attorneys will remain attorney of record after the
attorney seeking to withdraw does so.
(c) By Notice of Substitution. In cases where an attorney seeks to be
substituted for another as attorney of record, and both attorneys are within
the same governmental department or agency, federal public defender
office, or private law firm, a notice of substitution may be filed. The notice
must be filed by the withdrawing attorney and the substitute attorney with
an affirmative representation stating that the substitution is made with the
client’s consent.
(d) By Notice of Change of Law Firm Affiliation. When an attorney changes
his or her law firm or other legal professional affiliation, but will remain as
a client’s attorney of record, the attorney must file a notice of such change
in law firm affiliation and provide complete updated contact information. It
remains the responsibility of each attorney to maintain a current email and
mailing address through their PACER account.
